HomeMy WebLinkAbout07/27/89w
June 20, 1989
City Council Meeting
June 27, 1989
SELECTION OF COUNCIL SPONSORED BALLOT MEASURES
FOR THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 1989
Recommendation
It is recommended that the City Council decide on what Council
sponsored ballot initiatives they wish to place on the ballot for
the General Municipal Electibn to be -held on November 7, 1989,
.and direct the City Attorney to prepare the wording to be
presented at the next meeting.
The following have previously been suggested as possible ballot
measures for November:
A. Unleashed dogs on railroad right-of-way.
B. Biltmore Site- Task Force/Planning Commission
recommendation.
Background
In addition to any measures the Council may sponser, there is a
People's Initiative regarding Open Space/Park on the Biltmore
Site that has already qualified; and signatures are being checked
on another People's Initiative regarding present uses and
unleashed dogs on the railroad right-of-way.
Ad&zz ft
Kathleen Mi stokke, City Clerk
Concur:
Kevin B. Norther �Pt, City Manager
0
June 20, 1989
City Council Meeting
June 27, 1989
SELECTION OF COUNCIL SPONSORED BALLOT MEASURES
FOR THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 7, 1989
Recommendation
It is recommended that the City Council decide on what Council
sponsored ballot initiatives they wish to place on the ballot for
the General Municipal Election to be held on November 7, 1989,
and direct the City Attorney to prepare the wording to be
presented at the next meeting.
The following have previously been suggested as possible ballot
measures for November:
A. Unleashed dogs on railroad right-of-way.
B. Biltmore Site- Task Force/Planning Commission
recommendation.
Background
In addition to any measures the Council may sponser, there is a
People's Initiative regarding Open Space/Park on the Biltmore
Site that has already qualified; and signatures are being checked
on another People's Initiative regarding present uses and
unleashed dogs on the railroad right-of-way.
Kath Wz&okke, City Clerk
Concur:
Kevin B. NorthcrqRt, City Manager
12a
LAW OFFICES
OLIVER, STOEVER, BARR & EIN60DEN
THOMAS W. STOEVER
WILLIAM B. BARR A PROFESSIONAL CORPORATION
CHARLES S. VOSE 1000 SUNSET BOULEVARD
ROGER W. SPRINGER LOS ANGELES, CALIFORNIA 90012
CONNIE COONE SANDIFER
EDWARD W LEE 12131 250-3043
HERIBERTO DIAZ
JAMES DUFF MURPHY July 18, 1989
Timothy H. Ziemann, Esq.
Post Office Box 3646
Civic Center Station
Manhattan Beach, California 90266
2 01989.
wry��ft"
ftwo ,
Re: Tract No. 30986 - 20th & Power Streets
Dear Mr. Ziemann:
Although you and your client have previously indicated
that they may seek a writ of mandate to challenge the recent
decision of the Hermosa Beach City Council, the City staff
has attempted to work in a cooperative manner to expedite the
review process as required by the California Environmental
Quality Act. However, your most recent letter and recent
contacts by your client with the City appear to be an attempt
to make any further proceedings adversarial in nature.
In your July 12, 1989 correspondence, you clearly
indicate that it is your opinion that the City has infringed
upon and violated your client's civil rights. In reviewing
your letter, it appears that the statements to support such
allegations are, to a great extent, self serving and
inaccurate.
Your client's current claim for civil rights violation
is apparently based upon a failure by the City to file a
notice of determination with the Los Angeles County Clerk as
required by Public Resources Code Section 21152. As you
should be aware, this section is intended to establish a
beginning date upon which an action to challenge a negative
declaration may be commenced. If you assume that the
negative declaration was not appealed back in 1986, there is
a 30 day time period in which to commence a legal action if
the notice required by Section 21152 is filed with the County
Clerk. If such a notice is not filed, the statute of
limitations in which to commence such an action is extended
to 180 days (Public Resources Code 21167).
Since we are discussing something which happened in
1986, I am not sure why the filing of the notice of
determination with the county at that time is somehow a
violation of your client's civil rights. If you assume that
OLIVER, STOEVER. BARR S EINBODEN
Timothy H. Ziemann, Esq.
July 18, 1989
Page 2.
a Negative Declaration was certified by the City Planning
Commission in 1986, it seem that this whole issue is moot
since the statute of limitations period would have long ago
expired whether or not the notice was filed. You have
requested that this "negligent" action be "rectified
immediately, " however, you did not indicate how you would
expect the City to proceed.
Furthermore, you indicate that the prior City Attorney,
James P. Lough, repeatedly noted on the record that no appeal
of the negative declaration had been taken. I have heard
your client mention this before, however, we do not have a
tape of this meeting and I do not currently have anything of
record which indicates that the statements were, in fact,
made by Mr. Lough. In addition, there is some inconsistency
in this regard since it is my understanding that the City
Council reserved the right to require additional
environmental review at such time that the Developer is
requesting building permits for the construction of the
housing. Concerning the appeal of the tentative tract map
to the City Council, I am not sure what benefit there is to
having an approved Negative Declaration when the underlying
project is not approved.
While I understand your client's desire to preserve
their rights and not acquiesce in an alleged violation of
their rights, it is going to be very difficult to proceed
with an adequate review and submittal of this matter to the
City Council without the cooperation of your clients if
additional information is necessary. If your clients desire
that the matter not be presented to the City Council until
after a court has heard your anticipated writ of mandate
action, please advise so that we can terminate the processing
of the City's review. If it is you and your client's
position that they will not provide the City with additional
information if necessary to complete the review, please
advise so that we can terminate the proceedings and not waste
any more staff time while your client seeks the issuance of
permits through the courts.
As I have previously stated to you, the City of Hermosa
Beach is not reopening the review process of the tentative
tract. Your continued statements in this regard are nothing
more than a misrepresentation of the process which is being
pursued. As you will recall, your clients have submitted new
grading plans and drainage information which were
significantly different than the information previously filed
with the City. It is my understanding that the prior
OLIVER, STOEVER, BARR & EINBODEN
Timothy H. Ziemann, Esq.
July 18, 1989
Page 3.
information submitted by your client and their consultant was
in error and the new plans were required because of
recalculations on drainage related matters. The City of
Hermosa Beach is proceeding with a limited review of the new
information and a determination as to whether or not these
revisions will have a significant impact on the environment.
Apparently, it is your position that a developer can
completely redesign a project, alter drainage direction and
impact adjacent property owners without having an environ-
mental review. This is not my understanding of the law.
With respect to your July 11, 1989 correspondence to the
City Clerk, I have not indicated to you at any time that the
City was preparing a Section 1094.6 record pursuant to your
request of June 22, 1989. As you may recall, I indicated to
you that such a record was not possible because the City did
not have a transcript or tape of the past City Council
meetings and that the City Clerk would provide you with a
tape of the most recent City Council meeting. I indicated
that you should review this tape along with the written
materials submitted to the Council at the June 13, 1989
Council meeting to determine if it is sufficient for your
purposes. If you require the preparation or copying of
additional information, please advise the City Clerk or me
at your earliest convenience.
You are further advised that as an attorney who has
represented numerous municipalities over the past ten years,
I would never advise a City Council to violate a property
owner's civil rights as you infer in your July 12, 1989
correspondence. I consider the allegations contained in your
correspondence to be frivolous and you are advised that
should any legal action be initiated by your clients against
the City with respect to these matters we will seek
appropriate sanctions pursuant to Code of Civil Procedure
Section 128.5.
- . N
OLIVER, STOEVER, BARR & EINBODEN
Timothy H. Ziemann, Esq.
July 18, 1989
Page 4.
It is the City's desire to proceed with the review and
approval of your client's revised plans through a cooperative
and amicable process. Based upon the self serving
allegations relating to potential negligence and violation
of your client's civil rights, it is apparent that a
cooperative effort is unacceptable to you.
Very truly yours,
CKa4,6�- j V
Charles S. Vose
of OLIVER, STOEVER, BARR & EINBODEN
CSV:ilf
cc: Kevin Northcraft, City Manager
Mike Schuback, Planning Director
Kathleen Midstokke, City Clerk
July 7, 1989
F A X T R A N S M I T T A L M E M O R A N D U M
TO: Charles S. Vose, Esq.
Oliver, Stoever, Barr & Einboden
A Professional Corporation
1000 Sunset Boulevard
Los Angeles, California 90012
FAX NUMBER: 213/482-5336
RE: Tract No. 30986
Hermosa Beach, California
PLEASE FIND ATTACHED, A COPY OF: Letter dated June 22,
1989, from Ms. Kathleen Midstokke, City Clerk of the
City of Hermosa Beach, to Mr. Jim A. Marquez (of which
I presume you have already received a copy).
MESSAGE: As you know, Mr. Jim Marquez and I represent
Fabiano Corporation, et al., the developers of the
above -referenced Tract. Both of us find Ms. Midstok-
ke's letter to be, at best, somewhat confusing.
On April 15 1986, the Hermosa Beach Planning Commis-
sion granted a Negative Declaration concerning my cli-
ents' project. However, Ms. Midstokke's letter im-
plies that City Council action was required for such a
grant of a Negative Declaration on this project.
A review of Hermosa Beach Resolution No. 84-4677 makes
it clear that, absent an appeal to the City Council of
the grant of a negative declaration by the Planning
Commission, the Planning Commission's action is final
10 days after the decision by that latter entity.
While an appeal was taken of the Planning Commission's
grant (also on April 15, 1986) of my client's Tenta-
TIMOTHY H. ZIEMANN
:..I
LAWYER
1334 PARK VIEW AVENUE
SUITE 100
I
0EIN'
MANHATTAN BEACH, CALIFORNIA 90266
JUL101989
DIRECT MAIL TO:
POST OFFICE BOX 3646
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of
CIVIC CENTER STATION
e-
I.
MANHATTAN REACH. CALIFORNIA 90266
TELEPHONE 12131 545-2644
149
FACSIMILE 12131 546-5530
IL:
July 7, 1989
F A X T R A N S M I T T A L M E M O R A N D U M
TO: Charles S. Vose, Esq.
Oliver, Stoever, Barr & Einboden
A Professional Corporation
1000 Sunset Boulevard
Los Angeles, California 90012
FAX NUMBER: 213/482-5336
RE: Tract No. 30986
Hermosa Beach, California
PLEASE FIND ATTACHED, A COPY OF: Letter dated June 22,
1989, from Ms. Kathleen Midstokke, City Clerk of the
City of Hermosa Beach, to Mr. Jim A. Marquez (of which
I presume you have already received a copy).
MESSAGE: As you know, Mr. Jim Marquez and I represent
Fabiano Corporation, et al., the developers of the
above -referenced Tract. Both of us find Ms. Midstok-
ke's letter to be, at best, somewhat confusing.
On April 15 1986, the Hermosa Beach Planning Commis-
sion granted a Negative Declaration concerning my cli-
ents' project. However, Ms. Midstokke's letter im-
plies that City Council action was required for such a
grant of a Negative Declaration on this project.
A review of Hermosa Beach Resolution No. 84-4677 makes
it clear that, absent an appeal to the City Council of
the grant of a negative declaration by the Planning
Commission, the Planning Commission's action is final
10 days after the decision by that latter entity.
While an appeal was taken of the Planning Commission's
grant (also on April 15, 1986) of my client's Tenta-
Charles S. Vose, Esq.
Oliver, Stoever, Barr & Einboden
A Professional Corporation
July 7, 1989
Page 2
-------- FAX TRANSMITTAL MEMORANDUM CONTINUES
tive Tract Map, no appeal was taken of the Planning
Commission's grant of the Negative Declaration. (In-
deed, I am advised that at the City Council's subse-
quent consideration of the Tentative Tract Map appeal,
the Council was repeatedly advised by the then City
Attorney that the matter of the Negative Declaration
had then already become final, precluding any action
by the City Council with respect to the Negative Dec-
laration.)
Please: (1) Confirm in writing that I am correct in my
understanding that no City Council action was required
for the Negative Declaration granted by the Planning
Commission on April 15, 1986, to be become final and
binding; or (2) Provide with a citation of the author-
ity which would render my understanding incorrect.
And, if I have happened to miss something which would
have required City Council action, would you please
then also advise me (in writing) as to why, in such a
case, the City of Hermosa Beach failed to comply with
the requirement of Section 4.0 of Resolution 84-4677
(and similar provisions of CEQA) that:
"Within one year of the City's acceptance of
an application for a project as complete,
the City must complete its environmental re-
view of the project, and approve or deny the
project."
Your prompt attention to the requests set forth above
will be sincerely appreciated.
Vry tr y yours,
0 -R/32-?7
TIMOTHY H. ZIEMANN
THZ:PEM
cc: Hermosa Beach City Clerk
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City of 21ermosa Teach
�• Civic Center, 1315 Valley Drive, Hermosa Beach, California 902543885
July 3, 1989
Timothy H. Ziemann
1334 Park View Avenue
Suite 100
Manhattan Beach, CA 90266
Re: Tract No. 30986
20th & Power Street Subdivision
Dear Mr. Zieman:
This letter is in response to your letter dated June 22,
1989. In it you make a reference to Code of Civil Procedure
Section 1094.6, requesting the complete record of the
proceedings in the above mentioned matter. Subsection (g)
of the above mentioned statute states: "(g) This section
shall be applicable in a local agency only if the governing
board thereof adopts an ordinance or resolution making this
section applicable." After reviewing the records, it does
not appear that the City of Hermosa Beach has adopted this
section.
If you wish a copy of the audio tape of the portion of the
City Council meeting of June 13, 1989, in which the above
mentioned item was discussed, I can prepare it after receipt
of a fee of $20.00. If you wish a copy of the staff report,
the standard copying fee is $1.00 for the first page, and
.15 each page thereafter.
Please submit a deposit of $20.00, and I will be glad to
prepare copies of these items for you.
Very truly yours,
K thlee� tokke
City Clerk
cc: City Attorney
June 22, 1989
BY HAND DELIVERY
Ms. Kathleen Midstokke
City Clerk
City of Hermosa Beach
Hermosa Beach City Hall
1315 Valley Drive
Hermosa Beach, California 90254
Re: Tract No. 30986
20th & Power Street Subdivision
Dear Ms. Midstokke:
As you know, I represent Fabiano Corporation, et al., the
developers of Tract No. 30986. The matter was last be-
fore the City Council on Tuesday, June 13, 1989.
This letter constitutes a written request (within the
meaning of Section 1094.6, California Code of Civil Pro-
cedure) for preparation by the City of Hermosa Beach of
the complete record of proceedings in the above -refer-
enced matter before each of the City Council and the
Planning Commission.
Please do not hesitate to telephone me should you have
any question concerning this letter.
ry t yours,,
TIMOTHY H. ZIEMANN
THZ:PEM
cc: Charles S. Vose, Esq.
City Attorney
City of Hermosa Beach
(Via FAX Transmission)
TIMOTHY H. ZIEMANNC*UN29
LAWYER1334
PARK VIEW AVENUESUITE
100
MANHATTAN BEACH. CALIFORNIA 90266DIRECT
MAIL TO:POST
OFFICE BO% 3646
CIVIC CENTER STATION
MANHATTAN BEACH. CALIFORNIA 902GG
TELEPHONE (213) 545-2644
FACSIMILE (213) 546-5630
June 22, 1989
BY HAND DELIVERY
Ms. Kathleen Midstokke
City Clerk
City of Hermosa Beach
Hermosa Beach City Hall
1315 Valley Drive
Hermosa Beach, California 90254
Re: Tract No. 30986
20th & Power Street Subdivision
Dear Ms. Midstokke:
As you know, I represent Fabiano Corporation, et al., the
developers of Tract No. 30986. The matter was last be-
fore the City Council on Tuesday, June 13, 1989.
This letter constitutes a written request (within the
meaning of Section 1094.6, California Code of Civil Pro-
cedure) for preparation by the City of Hermosa Beach of
the complete record of proceedings in the above -refer-
enced matter before each of the City Council and the
Planning Commission.
Please do not hesitate to telephone me should you have
any question concerning this letter.
ry t yours,,
TIMOTHY H. ZIEMANN
THZ:PEM
cc: Charles S. Vose, Esq.
City Attorney
City of Hermosa Beach
(Via FAX Transmission)
1
TIMOTHY H. ZIEMANN
j LAWYER
I 334 PARK VIEW AVENUE
SUITE 100
MANHATTAN BEACH, CALIFORNIA 902GG
DIRECT MAIL TO:
POST OFFICE BOX 3646
CIVIC CENTER STATION
MANHATTAN BEACH. CALIFORNIA 90266
TELEPHONE (213) 545-2644
FACSIMILE (213) 546-5630
July 11, 1989
Ms. Kathleen Midstokke
City Clerk
City of Hermosa Beach
Hermosa Beach City Hall
1315 Valley Drive
Hermosa Beach, California 90254
Re: Tract No. 30986
20th & Power Street Subdivision
Dear Ms. Midstokke:
OF
dU�.'v
JUL 121989
OW oMrt
a" @ 0oww" BIMtb t
I today received your letter to me dated July 3, 1989 --
which was only postal -metered July 6 and postmarked by
the United States Postal Service yesterday (July 10).
Enclosed please my check payable to the City of Hermosa
Beach in the sum of $20.00. Please prepare one certified
copy each of the audio tape and staff report described by
your letter.
You may wish to check further with Mr. Charles S. Vose,
City Attorney for the City of Hermosa Beach, as to wheth-
er the City has or has not adopted Section 1094.6 of the
Code of Civil Procedure. During a telephone discussion
with him yesterday, Mr. Vose indicated to me that you
were in fact preparing the Section 1094.6 record pursuant
to my request of June 22.
ery tru yours, �..
c-
TIMOTHY H. ZIEMANN
THZ:PEM
Enclosure: As Noted
cc: Charles S. Vose, Esq.
(w/o enc.)
OFFICIAL RECEIPT A=#
88 79189 CITY OF HERMOSA BEACH
CALIFORNIA
RECEIVED
THE SUM 4
VALIDATION
0 of
TIMOTHY H. ZIEMANN 18 01
GENERAL ACCOUNT COPY PREPARATION DEPOS I T
P. 0. BOX 3646 213-545.2644
MANHATTAN BEACH. CA 90266 1w=
.TTIT.Y 1 1 1989__
PAY
TOTHE
ORDER OF-• TTY OF HFRW)SA RFAC'H $ 20.00*****
FOR
OLLARS
SECURITY PACIFIC NATIONAL BANK E3
Manhattan Beach 49728
3016 Sepulveda Blvd.
Manhattan Beach. CA 90266
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July 17, 1989
City o f .7iermosaTeaclt-,-)
Civic Center, 1315 Valley Drive, Hermosa Beach, California 90254-3885
Office of the County Recorder
227 North Broadway
Los Angeles, CA 90012
FOR RECORDATION: RESOLUTION NO. 89-5255
Vacation of Portion of 21st Street
Dear Sirs:
Enclosed is the above mentioned document for recordation.
All of the conditions which are required in the Resolution have
been met to the satisfaction of the City; and the herein mentioned
Development Restriction Agreement was recorded on June 2, 1989 as
document No. 89-895072.
Free recording is being requested on this document as it benefits
the City.of Hermosa Beach.
Thank you for your prompt attention.
Very truly yours,
Kathleen Midstokke
City Clerk
enc: Resolution No. 89-5255
WHEN RECOR
HERMOSA 9EA
1315 Valley
Hermosa Bea
RETURN TO:
CITY CLERK
ive
CA 90254
RESOLUTION NO. 89-5255
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, AMENDING THE GENERAL PLAN AND ORDERING THE
2 VACATION OF A PORTION OF TWENTY-FIRST STREET IN SAID CITY.
3 WHEREAS Resolution No. 88-5199, a resolution of intention
4 to vacate a portion of Twenty -First Street, was adopted on
5 November 22, 1988, and;
7 WHEREAS, a public hearing after due notice has been held
8 upon said General Plan Amendment and resolution of intention
9 to vacate the hereinafter -described street, and all persons
10 having had the opportunity to be heard, and the City Council
11 having determined, pursuant to Section 8324 of the Streets and
12 Highways Code, that the hereinafter -described street is
13 unnecessary for present or prospective public use, including
14 use for non -motorized transportation facilities, and;
15
16 WHEREAS, the Staff Environmental Review Committee met on
17 November 3, 1988, to consider the environmental information check
18 list for the subject General Plan Amendment and street vacation;
19 and recommended that a Negative Declaration is appropriate, and;
20
21 WHEREAS, a full and complete title report has been furnished
22 showing underlying fee title of the subject right-of-way to be
23 vested with the adjacent subdivision lots, now therefore;
24
25 BE IT RESOLVED, DETERMINED, AND ORDERED by the City Council of
26 the City of Hermosa Beach, California, as follows:
27
28 (FREE RECORDING IS REQUESTED - 1 PURSUANT TO GOVT. CODE 527383
benefits City - and is official business of the City of Hermosa
Beach, California.)
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SECTION 1. That the removal of the portion of Twenty -First
Street, hereinafter described, from the circulation plan, and
the proposed vacation thereof would result in no significant
environmental impact; and a Negative Declaration is hereby
approved.
SECTION 2. That the General Plan is hereby amended as
follows:
A. The hereinafter described portion of Twenty -First Street
is deleted from the circulation element of the General
Plan.
B. The Land Use Element of the General Plan is amended to
designate said portion of Twenty -First Street as Low
Density Residential.
SECTION 3. That the public interest and convenience require
the vacation of that certain portion of Twenty -First Street
in the City of Hermosa Beach, County of Los Angeles, State of
California, more particularly described as follows, and the same
is HEREBY VACATED AND ABANDONED:
A portion of Twenty -First Street shown as `Portland Street'
on that certain map entitled Tract No. 1868 recorded in Book
26 at page 21, Los Angeles County Records, being a 40 foot
wide strip of land more particularly described as follows:
Beginning at the Southwest corner of Lot 34 of said
Tract 1868; thence South 220 00' East 40.52 feet to the
Northwest corner of Lot 6 of said tract 1868, thence
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North 770 10' 30" East 101.13 feet to the Northeast
corner of said Lot 6, thence North 240 30' 30" West
40.85 feet to the Southeast corner of said Lot 34,
thence South 770 10' 30" West 99.31 feet to the Point
of Beginning.
SECTION 4 . That said vacation and abandonment is conditioned
upon the following:
A. That the applicant for said vacation, (being the
owner of Lots 6, 7, and 8 of Tract 1868); execute
a Development Restriction Agreement limiting the
size and scope of development upon said Lots 6, 7,
and 8 as approved by the City Council of The City
of Hermosa Beach; and that said Development
Restriction Agreement is recorded in the Office of
the County Recorder of Los Angeles County prior to
recordation of this resolution.
B. That all costs, including title search, title guarantee,
and all City costs involved with the vacation are borne
by the applicant.
SECTION 5. In effecting this order and determination, the
City Council has made the following findings:
A. That said portion of Twenty -First Street is unnecessary
for present or prospective public use.
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B. That the vacation and abandonment of said portion of
Twenty -First Street is consistent with the General Plan
of the City of Hermosa Beach, as herein amended.
SECTION 6. That the City Clerk shall certify to the passage
and adoption of this Resolution, shall enter the same in the boo.
of original resolutions of said City, shall make a minute record
of the passage and adoption thereof in the records of the City
Council of said City in the minutes of the meeting at which the
same is passed and adopted, shall cause a certified copy thereof
attested by the City Clerk under the seal of said City, to be
recorded in the Office of the County Recorder of Los Angeles
County, State of California, after recordation of the hereinbefo
referenced Development Restriction Agreement.
PASSED, APPROVED, and ADOPTED this 11th day of April 198,
PRESIDENT of the City Council and the MAYOR of the City
of Hermosa Beach, California
ATTEST:
- 4 -
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County of �� A -h no lPv j
OFFICIAL SEAL
KATHLEEN L. MIDSTOKKE
p NOTARY PUBLIC • CALIFORNIA
• LOS ANGELES COUNTY
Ay Commission Explres SEPT. 2!-_1992
NO. 20[
On this the /it day of / rf ii r 19 �y, before me,
the undersigned Notary Public, personally appeared
I U); /); /}ms , met yj/- 01r NPrmv&a-
personally known to me LSP4 C-9—
proved to me on the basis of satisfactory evidence
to be the erson(s) who executed the within instrument as
�z'sida>�of e�14YCCy��dronbehalfofthecorporationtherein
named, and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
7120122 NATIONAL NOTARY ASSOCIATION • 23012 Venlum Blvd. • P.O. Box 4625 • WoodlarM Hills. CA 91364